On Monday, September 23, following a standing-room-only public hearing, the Middleburg Planning Commission rejected advice from both the Town staff and legal counsel and voted to deny its approval of current plans for the proposed Travellers Rest/Banbury Cross Reserve Development just outside of Middleburg.

The developers had sought approval of plans for development on 31 cluster lots and 7 rural economy lots on ca. 570 acres east of Sam Fred Road and west of Carter's Farm Lane.

The proposed "cluster" subdivision is permitted by right under Loudoun's current zoning ordinance for development options in the agricultural zoning district. However, part of the development falls within Middleburg's "extraterritorial jurisdiction area," thus allowing the Town to provide comments and recommendations for the County's final consideration and review.

Citizens and friends of Middleburg packed Town Hall on September 23 to provide just such "comments and recommendations." Fourteen spoke against the project, with Mayor Bridge Littleton first among them. No one spoke in favor.

At the meeting, both the Planning Commission and Town Staff found themselves somewhat "boxed in" by jurisdictional and other legal requirements, including one that meant a decision had to be made by Middleburg's Commissioners no later than September 26.

The lack of time to fully digest public input before making a decision, and what both the Commission and the public on hand felt were serious problems with the developer's application greatly troubled the Commission.

Deputy Town Administrator and Town Planner Will Moore advised the Commission that, on strictly legal and technical grounds, they had little formal cause to deny their approval. Instead of voting for "full approval," however, Moore advised that they grant only "limited" or "conditional" approval. By doing so the Commission could ask the applicant to re-submit their application and respond to the Commission's concerns.

That posed a problem for the Planning Commission, however, because once even "conditional approval" was granted, any such re-submission by the applicant would not be made to the Commission itself, but to staff and relevant County authorities.

The Commission members, troubled, clearly believed and openly stated that they lacked both the time and enough critical information to approve the developer's application as it stood.

This left the members with three choices:

1. Full approval of the application, which no one favored.
2. Conditional approval, favored by both Town Staff and, according to Will Moore, the Town Attorney, but which would bring to an end all oversight of the application by Middleburg's Planning Commission, and
3. Denial of the application, with a request to re-submit it addressing the Commission's concerns...

According to Will Moore, option 3, denial, might result in a re-submission by the applicant, but more likely, they are filing a lawsuit.

After long and serious discussion, the Commission voted to deny its approval and provide the Traveller's Rest/Banbury Cross applicant with a detailed list of concerns and objections to serve as the basis for a re-submission.